In Philadelphia, identity theft is a crime that can carry consequences for the offender. While most identity theft cases are charged as misdemeanors, they still carry severe penalties. You could even face felony charges for identity theft, which you may need a lawyer to overcome.
You should be aware of which illegal acts could lead to an identity theft charge. The various ways a person could use technology to adopt another person’s identity mean that criminal statutes will continue to be updated to cover all possible methods of committing this offense. If you or a family member was arrested for identity theft or using stolen information, you should consult with an experienced Philadelphia identity theft lawyer today.
To schedule a free legal consultation to discuss your case with our identity theft lawyers, contact the Liberty Law Team at (215) 709-7431.
What is Identity Theft in Philadelphia?
Identity theft is a serious offense in Philadelphia, and you should know which specific conduct constitutes identity theft and may result in criminal charges.
In Pennsylvania, it is illegal to assume another person’s identity and to use that information for any unlawful purpose or act without the consent of the victim. It does not matter how the offender obtained another person’s sensitive information; they can still be charged with identity theft.
This implies that even if you used the personal information of a roommate or family member you live with, you could still be arrested for identity theft if you did not obtain their consent beforehand.
What Are Common Examples of Identity Theft?
Using identifying information to change a person’s address, ordering a passport using another person’s name, creating fraudulent bank accounts using stolen information, using a stolen credit card, using someone’s Social Security number to gain access to government benefits, and using another person’s medical identification to seek treatment are all examples of identity theft.
An offender can be charged with multiple identity theft offenses depending on how many times they stole or used another individual’s personal information.
How is Identity Theft Charged in Philadelphia?
The severity of the identity theft charge hinges on the value of the items or services involved in the case. Depending on the specifics of your case, you might face misdemeanor or even felony charges.
First-Degree Misdemeanor
For example, if you obtain less than $2,000 worth of goods or services with a stolen identity, you will be charged with a misdemeanor of the first degree in Pennsylvania.
Third-Degree Felony
If you received $2,000 or more in goods or services, you would instead be charged with a third-degree felony.
If a stolen identity is used to advance a criminal conspiracy, the total value of goods or services does not matter, and the offender will be charged with a third-degree felony. An example of a criminal conspiracy relating to identity theft could be using a stolen credit card to buy equipment to commit a robbery.
Second-Degree Felony
For a third or subsequent offense of identity theft, regardless of the total value of goods or services involved in the particular case, defendants can be charged with second-degree felonies in Philadelphia.
Enhanced Charges for Cases Involving Vulnerable Individuals
Additionally, if the offender commits identity theft against a senior citizen (an individual age 60 or older), a mentally impaired person, a person under the age of 18, or another vulnerable individual, the offense can be upgraded one grade higher, meaning a first-degree misdemeanor would become a third-degree felony.
What Are the Penalties for Identity Theft in Philadelphia?
If you are convicted of identity theft, the sentence you receive will depend on the circumstances of your offense.
Penalties for First-Degree Misdemeanor Convictions
Using stolen information to receive less than $2,000 in products or services is a first-degree misdemeanor. In Philadelphia, there are three categories of misdemeanors, with first-degree misdemeanors being the most serious. These offenses carry a maximum 5-year sentence in Pennsylvania, even for a first offense.
If you are convicted of a first-degree misdemeanor, you can also be ordered to pay up to $10,000 in criminal fines in addition to facing a prison sentence.
Penalties for Third-Degree Felony Convictions
If you were arrested for taking more than $2,000 worth of goods with another person’s identity, you would be charged with a third-degree felony. Third-degree felonies are the least severe type of felony in Pennsylvania. However, if you are convicted of a third-degree felony, you can still be sentenced to up to 7 years in prison and fined up to $15,000. This is also the penalty for using a stolen identity to further a criminal conspiracy.
Penalties for Second-Degree Felony Convictions
For a third or subsequent identity theft offense, you may be charged with a second-degree felony. This makes you vulnerable to even more severe penalties, such as up to 10 years in prison and $25,000 in fines.
Penalties in Cases Involving Vulnerable Individuals
You should also remember that these offenses can be upgraded if you commit identity theft against a highly vulnerable individual. This means that your first-degree misdemeanor can be upgraded to a third-degree felony, or a third-degree felony can be upgraded to a second-degree felony, even if it is not a third or subsequent offense. That is significant because of the difference in maximum prison sentences for these charges.
What to Do if You Are Arrested for Identity Theft in Philadelphia
What you do after being arrested for identity theft in Philadelphia could heavily influence the path your case takes. To protect yourself as much as possible following an arrest, remember to remain silent and request an attorney right away.
Stay Silent
If you are arrested for identity theft in Philadelphia, under no circumstances should you try to explain yourself to police officers or prosecutors. Do not tell law enforcement that you had the individual’s permission to use their information in certain ways or anything else that you think might clarify things and lead to your release.
Remaining silent to avoid self-incrimination is a protected right under the Fifth Amendment, and one that officers must remind you of before beginning a custodial interrogation. If you are not informed of your right to remain silent during a custodial interrogation, any statements you made may be inadmissible.
Request an Attorney
If you are arrested and taken into custody, police officers must also inform you of your right to an attorney before they begin interrogating you. You should invoke this right immediately and not say anything else to the police. If your request for a lawyer is ignored, you can continue to reiterate it to make your invocation clear. Police officers must stop questioning you once you ask for an attorney, so do this right away.
Posting Bail
Within 72 hours of your arrest in Philadelphia, but most likely sooner, there will be a preliminary arraignment in court. At this hearing, the formal charges are read, and bail is set. If the prosecution requests that the judge set bail too high, our identity theft lawyers can argue for a lower amount that reflects the offense’s non-violent nature.
Follow Bail Terms
When you are out on bail in preparation for a trial, and during it, you must follow bail terms closely. Violating any requirements of your bail could lead to your arrest. If you are arrested for a bail violation, you may have to spend the time leading up to your trial and the trial itself in jail.
What Are Common Defenses to Identity Theft Charges in Philadelphia?
Of the several common defenses to identity theft charges, our lawyers can assess your case to determine which one to pursue.
No Intent for Unlawful Purpose
To prove charges for identity theft, the prosecution must show that they used the alleged victim’s identifying information without their consent to further any unlawful purpose. If the prosecution cannot prove that that was your intent, the charges should not stick.
Consent or Authorization
You can be charged with and convicted of identity theft only if you use another person’s identifying information without their consent. Our identity theft lawyers may argue that you had the alleged victim’s consent to use their information, such as text messages and other correspondence.
Insufficient Evidence
A prosecutor must prove that a defendant used another person’s identifying information, that they lacked the person’s consent to do so, and that they used the information for the purposes of furthering any unlawful act, such as theft.
Unlawful Search and Seizure
If, during the execution of a search warrant, law enforcement officers exceeded the scope of the warrant to obtain certain evidence that could be used against you, such as by accessing non-specified areas of a property or particular electronics not listed as part of the search.
Philadelphia Identity Theft Defense Attorney Offering Free Consultations
Call the identity theft lawyers of the Liberty Law Team at (215) 709-7431 for your free case review today.
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